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In a past interview with Azimio leader Raila Odinga, we sought his view on what upsets him with the Kenyan media. He cited a disturbing lack of depth and historical context in our reporting. That we interpret events in a vacuum.

Tells you why young journalists find their love for history in rallies wearisome. We pleaded guilty.
As his old comrade Kiraitu Murungi has observed in his writings, “Raila is an engineer but he knows too much history.” We are fast turning into a country that is either ashamed, afraid or impervious to learn from history, especially in political decision-making.

Many of our leaders seem to ignore the events that informed the spirit and letter of the 2010 Constitution. In a society replete with mischievous politicians, a brutal police force, fence-sitting, fatigued and conflicted public intellectuals and media working under the shadow of existential threats, the Constitution remains the only bulwark for the ordinary folk.

Given a choice many of our rulers will suspend the Constitution because it is largely pro-people. They find it an inconvenient irritant to their devious ambitions. One of the painful lessons about our brand of politics is that it is not tailored to serve the people. It has been argued that the Constitution was written with the late President Daniel Moi in mind. Many Kenyans bear scars from the excesses and marginalisation associated with the Moi regime.

Simply, the 2010 Constitution was written to prevent another Nyayo.
It was meant to cure a personalization of power, tether politicians from any inclination towards brutality, equity and discipline on the use and sharing of public resources, insulate the Judiciary, promote the rule of law and protect people’s freedoms.

Its writing was informed by the anxieties of the stalwarts of the freedom struggle with borrowing from the South African independence jurisprudence. First, it thrusts all powers on the people and demands everybody’s submission to it regardless of status.

Secondly, the Constitution places people at the centre of decision-making through the requirement for public participation and ring-fence oversight institutions.

Informed by the history of the selfishness of the political elite, it empowered the people to directly petition Parliament.

This powerful tool allows ordinary people to table their grievances for ventilation in the Legislature.
As Judge Charles Nyachae who chaired the Constitution Implementation Commission kept warning, protection of a good constitution lies on “eternal vigilance” by the people.

That is why Kenyans should be alarmed by revelations by National Assembly Speaker Moses Wetang’ula that the Public Petitions Committee led by Nimrod Mbai has not dispensed a single petition since it was constituted. Wetang’ula attributed the gross dereliction of duty to Mbai’s chronic absence from the House. Majority Leader Kimani Ichung’wah lamented he had given up on the matter.

Mbai was recently arrested after a video emerged capturing a scene in which he allegedly assaulted an employee of Kenya Power following a dispute over illegal connection of power at his rural residence.

Anybody who understands the history of our Constitution making would declare Mbai and his team enemies of people who should be stripped off their House powers pronto. Their negligence effectively gags the people’s voice in Parliament.

As Inchung’wah pointed out, Members are at liberty to impeach the chairperson and elect someone else to lead them. It is no secret that our political leaders have never been enthusiastic on implementing and enforcing the Constitution.

One is tempted to agree with last week’s reflections of former Chief Justice Willy Mutunga.
“I think the tragedy of this country is that we don’t have a government or Opposition that is keen on implementing the Constitution. “We have a beautiful baby called the Constitution but we have given it to child traffickers.”

The writer is the Political Editor at People Daily
Email: [email protected]